BUCKNER v. MCDONOUGH , No. 20-2316 (Fed. Cir. 2022)
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Case: 20-2316 Document: 17 Page: 1 Filed: 05/31/2022 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ CHARLIE L. BUCKNER, Claimant-Appellant v. DENIS MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee ______________________ 2020-2316 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 19-4419, Judge Michael P. Allen, Judge Joseph L. Falvey, Jr., and Judge Coral Wong Pietsch. ______________________ Before LOURIE, TARANTO, and HUGHES, Circuit Judges. PER CURIAM. ORDER Upon consideration of counsel’s notice that appellant died during the pendency of this appeal and response to the court’s March 24, 2022, order indicating that he has “not located any person capable of substituting for the deceased appellant” and that he “no longer represent[s] a client capable of further prosecuting this appeal,” ECF No. 16, Case: 20-2316 Document: 17 2 Page: 2 Filed: 05/31/2022 BUCKNER v. MCDONOUGH IT IS ORDERED THAT: (1) The appeal is dismissed, and the decision of the Board of Veterans’ Appeals is vacated. See DiOrio v. Nicholson, 216 F. App’x 974 (Fed. Cir. 2007) (vacating underlying decision under same circumstances); see generally United States v. Munsingwear, Inc., 340 U.S. 36, 40 (1950) (explaining that vacatur is appropriate when review of the underlying judgment is prevented by happenstance). (2) Each side to bear its own costs. FOR THE COURT May 31, 2022 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court cc: United States Court of Appeals for Veterans Claims
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